│Sustainablity

Rules on Prohibitions Against Solicitation and Gifts and Other Acquisitions

Chapter 1 General

Article 1. (Purpose) 

The purpose of this regulation is to prevent members of Kookmin University from accepting illegal solicitations and gifts in violation of the Act on the Prohibition of Improper Solicitation and Graft and the Enforcement Decree of the same Act, and to stipulate matters necessary for handling related cases.

Article 2. (Definition of Terms) 

① "Improper solicitation" refers to any act that violates the law or causes a person to act outside of the position and authority granted under the law in relation to the targeted duties in the 14 areas of frequent corruption stipulated by the relevant laws and regulations.

② "Money, etc." refers to any property interest such as money, securities, real estate, goods, accommodation tickets, memberships, admission tickets, discounts, invitations, tickets, tickets to view, rights to use real estate, etc., entertainment and entertainment such as food, alcohol, golf, or transportation and accommodation, and other tangible and intangible economic benefits such as debt relief, employment, and granting of interests.

Article 3. (Scope of Application) 

This regulation applies to the president, full-time faculty and staff of the university.

Article 4. (Duty of Confidentiality) 

Persons who are or were in charge of preventing and handling cases of improper solicitation, bribery, etc. under these regulations shall maintain confidentiality regarding matters acquired in the course of their duties. However, this shall not apply to disclosure pursuant to Article 11 (4).

Chapter 2 Organization

Section 1 Anti-Graft Officer

Article. 5 (Anti-Graft Officer) 

① The anti-solicitation officer (hereinafter referred to as the "officer") in charge of prohibiting improper solicitation in accordance with relevant laws and regulations shall be the Vice President of Academic Affairs.

② An assistant officer shall be appointed to assist the officer, and the assistant officer shall be the director of the Legal Counseling Center.

Article 6. (Departments in charge, etc.) 

① The Legal Counseling Center shall be in charge of prohibiting improper solicitation in accordance with relevant laws and regulations.

② In carrying out its duties, the Legal Counseling Center may request cooperation from relevant departments if necessary, and the departments receiving the request shall cooperate with it.

Article 7. (Anti-Graft Counseling Center) 

(① The Legal Counseling Center shall have an anti-graft consultation room (hereinafter referred to as the "Consultation Room") to support the work of the officer in charge (or the officer in charge).

② The counseling room may have a counselor and a secretary.

The counseling center shall be responsible for the following tasks.

1. Providing education, counseling, and accepting pledges regarding the prohibition of improper solicitation and the prohibition of accepting money and other items.

2. Receiving reports and applications in accordance with relevant laws and regulations

3. investigate and report on cases entrusted to them by the officer in charge

4. Matters delegated by the officer in charge or the Integrity Advisory Committee

5. matters incidental to the above

Section 2 Integrity Advisory Board

Article 8. (Establishment) 

The President shall establish the Integrity Advisory Committee (hereinafter referred to as the "Committee") for the prevention of corruption and receipt of money and other items and for the handling of cases, and the details of the Committee shall be determined separately.

Chapter 3 Prohibition of improper solicitation, etc.

Article 9. (Prohibition of Unauthorized Solicitation) 

Members of the University shall not, directly or through a third party, engage in any of the following illegal solicitations that fall under any of the following items stipulated by the relevant laws and regulations to public officials who perform their duties or perform them.

1. causing them to violate laws and regulations in the performance of their duties such as authorization, permit, etc.

2. The act of causing a person to violate laws and regulations in the performance of duties such as punishment, reduction, and exemption

3. intervening or influencing personnel matters such as recruitment, promotion, and transfer in violation of laws and regulations

4. to be selected or rejected from positions involved in decision-making of public institutions (including the University), such as the selection of members of various committees, in violation of the law

5. causing a specific individual or organization to be selected or eliminated in violation of laws and regulations regarding various awards, prizes, etc.

6. Leaking business secrets such as bidding, auction, development, patents, etc. in violation of laws and regulations

7. causing a specific individual, organization, etc. to be selected or eliminated as a party to a contract in violation of contract-related laws and regulations

8. Intervening or influencing a specific individual or organization to allocate, support, or invest, deposit, lend, contribute, or invest in a specific individual or organization in violation of laws and regulations regarding subsidies, incentives, pensions, funds, grants, funds, etc.

9. to sell, exchange, use, profit, or occupy goods and services produced, supplied, or managed by public institutions (including this university) to specific individuals, organizations, etc. at a price that deviates from the price prescribed by law or normal trade practices.

10. The act of causing processing and manipulation in violation of laws and regulations regarding matters such as admission and grades

11. The act of causing military service-related tasks to be handled in violation of laws and regulations

12. Evaluating or judging various evaluation and judgment tasks conducted by public institutions (including this university) in violation of laws and regulations, or causing the results to be manipulated

13. causing the investigation, trial, judgment, decision, mediation, reconciliation, or similar work of a case to be handled in violation of laws and regulations

14. The act of causing a public official, etc. to exercise outside the status and authority granted to him/her under the laws and regulations or to exercise matters that do not belong to his/her authority in relation to the affairs subject to corruption under items 1 through 14.

Article 10. (Reporting Methods, etc.) 

① When a member of the University receives an illegal solicitation, he/she shall inform the person who made the illegal solicitation that it is an illegal solicitation and clearly indicate his/her intention to refuse it, and if he/she receives the same illegal solicitation again despite having done so, he/she shall report it in writing (including electronic documents, as follows) to the President.

② The written report under the preceding paragraph shall include the following items.

1. Personal Information of the Filer

     A. Name, social security number, address, department and contact information

     B. Other personal information that can identify the complainant

2. Personal information of the person who made the improper solicitation

     A. In the case of an individual: Personal information that can identify the person who

          made the improper solicitation, such as name, contact information, occupation, etc.

     B. In the case of a representative of a corporation or organization: Items under the

          heading and the name and location of the corporation or organization

     C. In the case of an agent, user, or other employee of a corporation, organization, or

          individual: the items listed, the name and location of the corporation, organization,

          or individual, and the name of the representative

3. the circumstances and reasons for the report

4. the time, place, and content of the illegal solicitation

5. Evidence that can prove the contents of the improper solicitation (only if the evidence is available)

Article 11. (Handling of Reports, etc.) 

The President who receives a report shall conduct a necessary investigation into the contents of the report and take action on the results of the investigation in accordance with the following categories.

1. If there is a suspicion of a crime or it is recognized that there is a need for an investigation: Notification to the investigative agency

2. subject to fines: notify the court with jurisdiction over fines

3. in case of disciplinary action: proceed with disciplinary proceedings

The President shall notify the complainant in writing of the results of the investigation within 10 days from the date of completion of the investigation, including the following items.

1. the outcome of the investigation and the reason for the investigation

2. any other matters that the complainant needs to know regarding the complaint

③ The Chancellor may take the following measures against the person who received the improper solicitation if the Chancellor becomes aware of the fact that the improper solicitation has occurred or if it is recognized that the performance of the relevant duties is impaired. However, in the case of item 3, the measures may be taken only if the purpose cannot be achieved through the measures in items 1, 2, and 4.

1. suspension of participation in duties

2. designation of a substitute

3. telegram

4. designation of co-performers of duties, change of office division

④ The President may disclose the contents and measures of improper solicitation within the scope of relevant laws and regulations after review by the Committee.

Article 12. (Termination, etc.) 

① The President may terminate a report received or a report forwarded or transmitted from an external related organization in accordance with the relevant laws and regulations if any of the following items apply. In this case, the fact of termination and the reason shall be notified to the reporter.

1. the report is manifestly false

2. the complainant fails to complete the report within the deadline after receiving a request from the Director General to do so

3. the complainant has made a new report without a justifiable reason for having been informed of the outcome of the report and there is no new evidence.

4. the content of the report corresponds to the content disclosed through the media, etc. and the investigation is in progress or has already ended, and there is no new evidence.

5. a report of the same content has been received and the first report is under investigation or has already been completed, and there is no new evidence.

6. in other cases where it is recognized that it is not necessary to investigate, such as when no violation of the law can be confirmed, and it is recognized that it is reasonable to close the case.

(2) A complainant who has been notified in accordance with the preceding paragraph may file a report again for reasonable reasons, such as submission of new evidence.

Chapter 4 Prohibition of Acceptance of Money, etc.

Article 13. (Prohibition of Acceptance of Money, etc.) 

Members of the University (including spouses) shall not receive, demand, or promise to receive, demand, or promise goods, etc. exceeding KRW 1 million at a time or KRW 3 million in each fiscal year from the same person, regardless of whether it is related to their duties and regardless of the name of the goods, such as donation, sponsorship, or gift. However, in connection with his/her duties, he/she shall not receive, demand, or promise anything of value below the amount specified above, regardless of whether it is in exchange.

Article 14. (Reporting Methods, etc.) 

A member of the University shall notify the President in writing without delay if any of the following items apply.

1. If he/she receives prohibited gifts, promises or expressions of intent to provide them, etc.

2. he/she knows that his/her spouse has received, promised to receive, or expressed an intention to receive a prohibited gift, etc.

The written report referred to in the preceding paragraph shall include the following items

1. Personal information of the declarant

    A. Name, resident registration number, address, department, and contact information

    B. Other personal information that can identify the person making the report

2. Personal information of the person who provided, promised to provide, or expressed an intention to provide the prohibited goods or services

    A. In the case of an individual: Personal information that can identify the person who

         provided, promised to provide, or expressed an intention to provide prohibited goods

        or services, such as name, contact information, occupation, etc.

    B. In the case of a representative of a corporation or organization: the subject matter

         and name and location of the corporation or organization

     C. In the case of an agent, user, or other employee of a corporation, organization, or

          individual: the items listed, the name and location of the corporation, organization,

          or individual, and the name of the representative

3. the circumstances and reasons for the report

4. Type and value of money, etc.

5. Whether or not the money, etc. was returned

6. Evidence that can prove the contents of the report (only if the evidence is available)

③ If a member of the University falls under any of the sub paragraphs of Paragraph 1, he/she shall return or cause to be returned to the provider without delay, or disclose or cause to be disclosed his/her intention to refuse. However, if the received items fall under any of the following items, they shall deliver or cause to be delivered to the President.

1. If there is a risk of loss, corruption, deterioration, etc.

2. If the provider of the money, goods, etc. is unknown

3. if there are other circumstances that make it difficult to return it to the provider

Article 15 (Handling of reports, etc.) 

① If the President receives a report pursuant to Article 14 or receives a delivery of money or goods, if he/she recognizes that it falls under the prohibited goods and services, he/she shall return or deliver it or cause it to be refused, and if he/she recognizes that it is necessary to investigate, he/she shall notify the investigative agency without delay.

② If the president recognizes that a member of the university or his/her spouse falls under any of the subparagraphs of Article 14, Paragraph 1, or if he/she recognizes that the performance of his/her duties is impaired, he/she may take the measures described in Article 11, Paragraph 3.

③ The President shall notify the results of the investigation and take measures in response to reports of prohibited gifts and other items in accordance with Article 11, Paragraphs 1 and 2.

Article 16. (Report of Outside Lectures, etc.) 

(1) When a member of the University gives a lecture, speech, article, etc. (hereinafter referred to as "outside lecture, etc.") at an education, publicity, discussion, seminar, public hearing, or other meeting that is related to his/her duties or requested through the de facto influence derived from his/her status or position, he/she shall report in advance in writing, including the following items. <Revised 2018.01.17.> 

1. Name, affiliation, position, and contact information of the declarant

2. the date, time, and place of the external lecture, etc.

3. subject matter of the external lecture, etc.

4. the total amount and details of the honorarium (only if the honorarium was received)

5. the requestor (requesting organization), person in charge, and contact information for the external lecture, etc.

If the details or the total amount of the honorarium are not known in advance when making a report pursuant to the preceding paragraph, the report shall be supplemented within five days from the date of the report after excluding such information. <Revised 2018.01.17.>.

③ A member of the University shall report to the President in writing, including the following items, within two days from the date of discovery, if the amount of honorarium for external lectures, etc. prescribed in Paragraph 1 exceeds the amount prescribed by relevant laws and regulations.

1. Items to be reported under Paragraph 1

2. the amount of the excess honorarium and whether or not the excess honorarium will be returned

④ Upon receiving a report pursuant to Paragraph (3), the President shall notify the person who has not returned the excess gratuity within 7 days after confirming the report, calculate the amount of excess gratuity to be returned, and notify the person, and the person who has received the notification shall return the excess gratuity to the provider without delay and notify the President of the fact.

Article 17. (Claim for Return and Delivery Expenses) 

If a member of the University or his/her spouse returns or delivers money, goods, etc. or returns excess gratuity in accordance with relevant laws and regulations, he/she may claim the expenses incurred for the return by attaching proof to the President.

Article 18. (Closure, etc.) 

Article 12 shall apply to cases in which the President may terminate the report.

Article History Article Print Article 19 (By-laws) 

Matters not specified in these Regulations shall be governed by relevant laws and regulations.

Effective date

These Regulations shall come into force on September 28, 2016.

Amendment

This amendment shall take effect on January 17, 2018.

Amendment

This amendment shall take effect on January 30, 2021.